Joint Guardianship Legal Process

By
Los Angeles Estate Planning Attorney
|January 26, 2012

As a parent faced with a life threatening disease, you may have considered using a joint guardianship for your minor child.

Once you've established that a joint guardianship is the right course of action, a petition and documents will need to be filed with the probate court. They will then schedule a hearing to determine if the guardianship is appropriate. But before the hearing can take place, an investigator on behalf of the court will visit the nominated joint guardian's home and will also interview the proposed guardian, as well as, the child and parent. Important to note, if the child is 14 years of age or older, they must give consent for the joint guardianship.

All residents of the proposed guardian's home must be present and must not have a criminal record. Nor can they have any history of abuse or neglect of children. The investigator's report will have a very strong impact on the court's decision, so make sure that everyone is as cooperative as possible.

At the hearing the judge will consider appointing the joint guardian if it is necessary, convenient, and in the best interest of the child's welfare. Once the guardianship is granted, it will last until the minor reaches 18 years old, is adopted, or becomes married. Before these circumstances the guardianship can be terminated either by petition or if the court deems the guardian has failed in his or her duties, been convicted of a crime, or has engaged in immoral behavior.

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